Part 2 published on 01/05/03
Condominium Corporation did not follow proper procedures to impose penalty
In Saskatchewan, Section 99 of the Condominium Property Act, 1993, allows a condominium corporation to seek judgment for a penalty as a result of a contravention of the corporation’s by-laws. The condominium corporation brought an action in Small Claims Court, for recovery of penalties as a result of an owner’s unauthorized modifications to the property. The Small Claims Court judge awarded judgment in the sum of $200.00 for each of three violations, totaling $600.00, plus $60.00 for costs. The owner appealed. The Saskatchewan Court of Queen’s Bench upheld the appeal and overturned the decision of the Small Claims Court judge. The appeal court held that the condominium corporation was not entitled to recover the penalties because the condominium corporation had failed to properly follow the procedures in the corporation’s by-laws dealing with claims for such penalties.